[DOWNLOAD] "Charles Swiatlowski Et Al. v. Casmier v. Kasprzyk" by Supreme Court of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: Charles Swiatlowski Et Al. v. Casmier v. Kasprzyk
- Author : Supreme Court of New York
- Release Date : January 13, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
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[3 A.D.2d 261 Page 262] The plaintiff alleges that she was injured through negligence of the defendant. Before the commencement of an action, she
voluntarily submitted to a physical examination by a physician selected by defendant. After action brought, defendant moved
for a further examination under section 306 of the Civil Practice Act. We have held that an examination prior to the commencement
of an action is not exhaustive of defendant's rights under section 306, since it is not the examination "in an action" contemplated
by that section (Anthony v. Bradshaw, 282 App. Div. 851). The first paragraph of the order of Special Term directs that plaintiff
appear for examination by the physician who on defendant's behalf had previously examined her and who was obviously nominated
by defendant. No appeal has been taken by plaintiff from any portion of the order, and we may therefore take it as settled
that defendant was entitled to the examination granted. The second ordering paragraph directs that plaintiff or her attorney
be furnished with a copy of the medical report, and defendant appeals solely from that portion of the order. The single question
for our decision is whether the right to a physical examination of an injured party, once established, should be burdened
with a requirement that a copy of the medical report be furnished to her or to her attorney.